SENATE AMENDED
PRIOR PRINTER'S NOS. 2532, 3034, 3545 PRINTER'S NO. 3709
No. 1955 Session of 1989
INTRODUCED BY MARKOSEK, PETRONE, MAYERNIK AND COWELL,
OCTOBER 4, 1989
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 12, 1990
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for payment of fees and taxes <--
3 when applying for a certificate of title; and further
4 providing for notice of change of name or address.
5 APPLICATION FOR CERTIFICATE OF TITLE AND NOTICE OF CHANGE OF <--
6 NAME OR ADDRESS; PROVIDING FOR NOTICE TO INSURERS REGARDING <--
7 COLLISION COVERAGE ON RENTAL VEHICLES; FURTHER PROVIDING FOR
8 USE AND DISPLAY OF ILLUMINATED SIGNS, ISSUANCE OF CERTIFICATE
9 OF INSPECTION, WIDTH OF VEHICLES, AND FRAUDULENT DOCUMENTS <--
10 AND PLATES.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 1103(b) and (d) and 1312 of Title 75 of <--
14 the Pennsylvania Consolidated Statutes are amended to read:
15 § 1103. Application for certificate of title.
16 * * *
17 (b) Signing and filing of application.--Application for a
18 certificate of title shall be made within ten days of the sale
19 or transfer of a vehicle or its entry into this Commonwealth
20 from another jurisdiction, whichever is later. The application
21 shall be accompanied by the fee prescribed in this title, and
1 any tax payable by the applicant under the laws of this
2 Commonwealth in connection with the acquisition or use of a
3 vehicle or evidence to show that the tax has been collected. The
4 fee prescribed by this title and the tax due the Commonwealth
5 shall each be paid by separate checks or other instruments drawn
6 by the applicant or his lender payable to the order of the
7 department. The application shall be signed and verified by oath
8 or affirmation by the applicant if a natural person; in the case
9 of an association or partnership, by a member or a partner; and
10 in the case of a corporation, by an executive officer or some
11 person specifically authorized by the corporation to sign the
12 application.
13 * * *
14 (d) Vehicles purchased from dealers.--If the application
15 refers to a vehicle purchased from a dealer, the dealer shall
16 mail or deliver the application to the department within ten
17 days of the date of purchase. The application shall contain the
18 names and addresses of any lienholders in order of priority, the
19 amounts and the dates of the security agreements, and be
20 assigned by the dealer to the owner and signed by the owner. Any
21 dealer violating this subsection is guilty of a summary offense
22 and shall, upon conviction, be sentenced to pay a fine of $50
23 for each violation. The requirement that the dealer mail or
24 deliver the application to the department does not apply to
25 vehicles purchased by fleet owners or governmental or quasi-
26 governmental agencies. Any dealer who collects taxes and fees
27 due the Commonwealth as a part of the transaction and fails to
28 remit the taxes and fees within the prescribed time shall be the
29 party solely liable for the taxes and fees due, and
30 notwithstanding the provisions of section 1109 (relating to
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1 refusing issuance of certificate of title) such nonpayment shall
2 not delay the issuance of the certificate of title to the
3 purchaser.
4 * * *
5 SECTION 1. SECTION 1103 OF TITLE 75 OF THE PENNSYLVANIA <--
6 CONSOLIDATED STATUTES IS REPEALED.
7 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
8 § 1103.1. APPLICATION FOR CERTIFICATE OF TITLE.
9 (A) CONTENTS OF APPLICATION.--APPLICATION FOR A CERTIFICATE
10 OF TITLE SHALL BE MADE UPON A FORM PRESCRIBED AND FURNISHED BY
11 THE DEPARTMENT AND SHALL CONTAIN A FULL DESCRIPTION OF THE
12 VEHICLE, THE VEHICLE IDENTIFICATION NUMBER, ODOMETER READING,
13 DATE OF PURCHASE, THE ACTUAL OR BONA FIDE NAME AND ADDRESS OF
14 THE OWNER, A STATEMENT OF THE TITLE OF APPLICANT, TOGETHER WITH
15 ANY OTHER INFORMATION OR DOCUMENTS THE DEPARTMENT REQUIRES TO
16 IDENTIFY THE VEHICLE AND TO ENABLE THE DEPARTMENT TO DETERMINE
17 WHETHER THE OWNER IS ENTITLED TO A CERTIFICATE OF TITLE AND THE
18 DESCRIPTION OF ANY SECURITY INTERESTS IN THE VEHICLE.
19 (B) SIGNING AND FILING OF APPLICATION.--APPLICATION FOR A
20 CERTIFICATE OF TITLE SHALL BE MADE WITHIN TEN DAYS OF THE SALE
21 OR TRANSFER OF A VEHICLE OR ITS ENTRY INTO THIS COMMONWEALTH
22 FROM ANOTHER JURISDICTION, WHICHEVER IS LATER. THE APPLICATION
23 SHALL BE ACCOMPANIED BY THE FEE PRESCRIBED IN THIS TITLE, AND
24 ANY TAX PAYABLE BY THE APPLICANT UNDER THE LAWS OF THIS
25 COMMONWEALTH IN CONNECTION WITH THE ACQUISITION OR USE OF A
26 VEHICLE OR EVIDENCE TO SHOW THAT THE TAX HAS BEEN COLLECTED. THE
27 APPLICATION SHALL BE SIGNED AND VERIFIED BY OATH OR AFFIRMATION
28 BY THE APPLICANT IF A NATURAL PERSON; IN THE CASE OF AN
29 ASSOCIATION OR PARTNERSHIP, BY A MEMBER OR A PARTNER; AND IN THE
30 CASE OF A CORPORATION, BY AN EXECUTIVE OFFICER OR SOME PERSON
19890H1955B3709 - 3 -
1 SPECIFICALLY AUTHORIZED BY THE CORPORATION TO SIGN THE
2 APPLICATION.
3 (C) MANUFACTURER'S STATEMENT OF ORIGIN FOR NEW VEHICLES.--IF
4 THE APPLICATION REFERS TO A NEW VEHICLE, IT SHALL BE ACCOMPANIED
5 BY THE MANUFACTURER'S STATEMENT OF ORIGIN FOR THE VEHICLE.
6 (D) VEHICLES PURCHASED FROM DEALERS.--IF THE APPLICATION
7 REFERS TO A VEHICLE PURCHASED FROM A DEALER, THE DEALER SHALL
8 MAIL OR DELIVER THE APPLICATION TO THE DEPARTMENT WITHIN TEN
9 DAYS OF THE DATE OF PURCHASE. THE APPLICATION SHALL CONTAIN THE
10 NAMES AND ADDRESSES OF ANY LIENHOLDERS IN ORDER OF PRIORITY, THE
11 AMOUNTS AND THE DATES OF THE SECURITY AGREEMENTS, AND BE
12 ASSIGNED BY THE DEALER TO THE OWNER AND SIGNED BY THE OWNER. ANY
13 DEALER VIOLATING THIS SUBSECTION IS GUILTY OF A SUMMARY OFFENSE
14 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $50
15 FOR EACH VIOLATION. THE REQUIREMENT THAT THE DEALER MAIL OR
16 DELIVER THE APPLICATION TO THE DEPARTMENT DOES NOT APPLY TO
17 VEHICLES PURCHASED BY FLEET OWNERS OR GOVERNMENTAL OR QUASI-
18 GOVERNMENTAL AGENCIES.
19 (E) OUT-OF-STATE VEHICLES.--IF THE APPLICATION REFERS TO A
20 VEHICLE LAST PREVIOUSLY TITLED OR REGISTERED IN ANOTHER STATE OR
21 COUNTRY, THE FOLLOWING INFORMATION SHALL BE CONTAINED IN OR
22 ACCOMPANY THE APPLICATION OR BE FORWARDED IN SUPPORT OF THE
23 APPLICATION AS REQUIRED BY THE DEPARTMENT:
24 (1) ANY CERTIFICATE OF TITLE ISSUED BY THE OTHER STATE
25 OR COUNTRY.
26 (2) A TRACING OF THE VEHICLE IDENTIFICATION NUMBER TAKEN
27 FROM THE OFFICIAL NUMBER PLATE OR, WHERE IT IS IMPOSSIBLE TO
28 SECURE A LEGIBLE TRACING, VERIFICATION THAT THE VEHICLE
29 IDENTIFICATION NUMBER OF THE VEHICLE HAS BEEN INSPECTED AND
30 FOUND TO CONFORM TO THE DESCRIPTION GIVEN IN THE APPLICATION.
19890H1955B3709 - 4 -
1 THE DEPARTMENT SHALL PROVIDE BY REGULATION THE PERSONS WHO
2 ARE AUTHORIZED TO VERIFY VEHICLE IDENTIFICATION NUMBERS UNDER
3 THIS PARAGRAPH.
4 (3) ANY OTHER INFORMATION AND DOCUMENTS THE DEPARTMENT
5 REASONABLY REQUIRES TO ESTABLISH THE OWNERSHIP OF THE VEHICLE
6 AND THE EXISTENCE OR NONEXISTENCE OF SECURITY INTERESTS IN
7 THE VEHICLE.
8 (F) FOREIGN VEHICLES OWNED BY MILITARY PERSONNEL.--IF THE
9 APPLICATION REFERS TO A VEHICLE LAST PREVIOUSLY REGISTERED IN
10 ANOTHER COUNTRY BY A PERSON ON ACTIVE DUTY IN THE ARMED FORCES
11 OF THE UNITED STATES, THE DEPARTMENT MAY ACCEPT A COMPLETE FORM
12 ISSUED BY THE UNITED STATES DEPARTMENT OF DEFENSE AS EVIDENCE OF
13 OWNERSHIP.
14 (G) SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLES.--IF THE
15 VEHICLE TO BE TITLED IS A SPECIALLY CONSTRUCTED OR RECONSTRUCTED
16 VEHICLE, THAT FACT SHALL BE STATED IN THE APPLICATION. THE
17 DEPARTMENT MAY PROMULGATE RULES AND REGULATIONS PERTAINING TO
18 THE TITLING OF SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLES.
19 (H) PENALTIES.--ANY PERSON WHO FALSELY VERIFIES A VEHICLE
20 IDENTIFICATION NUMBER UNDER SUBSECTION (E)(2) OR WHO VERIFIES A
21 VEHICLE IDENTIFICATION NUMBER WITHOUT BEING AUTHORIZED AS
22 PROVIDED IN SUBSECTION (E)(2) COMMITS A SUMMARY OFFENSE
23 PUNISHABLE BY A FINE OF $300.
24 SECTION 3. SECTION 1312 OF TITLE 75 IS AMENDED TO READ:
25 § 1312. Notice of change of name or address.
26 Any person whose address is changed from the address named in
27 the application for registration or on the registration card or
28 whose name is changed shall, within 15 days, notify the
29 department in writing of the old and new address, or of such
30 former and new names, and of the [operator's number on any
19890H1955B3709 - 5 -
1 registration card then held by the person] title or registration
2 number of every vehicle registered in the person's name.
3 Section 2. The amendments to section 1103(d) shall be <--
4 retroactive to January 1, 1989.
5 Section 3. This act shall take effect as follows:
6 (1) The amendment to section 1103(d) shall take effect
7 immediately.
8 (2) The remainder of this act shall take effect in 60
9 days.
10 SECTION 4. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
11 § 1725. RENTAL VEHICLES.
12 EVERY MOTOR VEHICLE INSURANCE POLICY SHALL CONTAIN A NOTICE
13 AS TO WHETHER THE POLICY COVERS COLLISION DAMAGE TO RENTAL
14 VEHICLES, AND ANY LIMITATIONS ON SUCH COVERAGE. THE NOTICE SHALL
15 BE WRITTEN IN CLEAR, PLAIN LANGUAGE, AND SHALL BE PRINTED ON THE
16 FIRST PAGE OF THE POLICY IN BOLDFACE CAPITAL LETTERS.
17 SECTION 5. SECTION 4307 OF TITLE 75 IS AMENDED BY ADDING A <--
18 SUBSECTION TO READ:
19 § 4307. USE AND DISPLAY OF ILLUMINATED SIGNS.
20 * * *
21 (E) IMPLEMENTS OF HUSBANDRY.--AN IMPLEMENT OF HUSBANDRY OR
22 VEHICLE USED EXCLUSIVELY FOR HIGHLY PERISHABLE CROPS FOR
23 PROCESSING, OPERATING BETWEEN SUNSET AND SUNRISE, SHALL HAVE TWO
24 ROTATING YELLOW BEACONS AND FOUR-WAY FLASHERS OPERATING.
25 SECTION 4 6. SECTION 4727(D) OF TITLE 75, ADDED FEBRUARY 7, <--
26 1990 (P.L.11, NO.6), IS AMENDED AND THE SECTION IS AMENDED BY
27 ADDING A SUBSECTION TO READ:
28 § 4727. ISSUANCE OF CERTIFICATE OF INSPECTION.
29 * * *
30 (D) PROOF OF INSURANCE.--NO CERTIFICATE OF INSPECTION SHALL <--
19890H1955B3709 - 6 -
1 (D) PROOF OF INSURANCE.-- <--
2 (1) NO CERTIFICATE OF INSPECTION SHALL BE ISSUED UNLESS
3 [A] PROOF OF FINANCIAL RESPONSIBILITY [IDENTIFICATION CARD <--
4 INDICATING [PROPER] PROOF OF FINANCIAL RESPONSIBILITY AS <--
5 REQUIRED BY LAW] IS SUBMITTED TO THE INSPECTION OFFICIAL, WHO <--
6 SHALL, ON [A FORM] THE OFFICIAL STATE INSPECTION LOG RECORD <--
7 PROVIDED BY THE DEPARTMENT, [KEEP A] RECORD [OF] THE NAME OF
8 THE INSURED, THE VEHICLE TAG NUMBER, THE ISSUING COMPANY, THE
9 POLICY NUMBER AND THE EXPIRATION DATE. THE REQUIREMENT THAT
10 THE INSPECTION OFFICIAL RECORD FINANCIAL RESPONSIBILITY
11 INFORMATION SHALL NOT BE CONSTRUED TO REQUIRE THE INSPECTION
12 OFFICIAL TO VERIFY THE INFORMATION SUBMITTED. IN THOSE CASES <--
13 WHERE THE INSURED FAILS TO INFORMATION SUBMITTED. <--
14 (2) IN THOSE CASES WHERE THE INSURED FAILS TO PRESENT <--
15 PROOF OF FINANCIAL RESPONSIBILITY TO THE INSPECTION OFFICIAL,
16 THE INSPECTION OFFICIAL, IN ADDITION TO DENYING A CERTIFICATE
17 OF INSPECTION, MAY PROVIDE NOTIFICATION TO THE DEPARTMENT, ON
18 THE FORM PROVIDED BY THE DEPARTMENT, WITHIN 30 DAYS OF THE
19 INSURED'S FAILURE TO PRESENT PROOF OF FINANCIAL
20 RESPONSIBILITY. FAILURE OF THE INSPECTION OFFICIAL TO MAKE
21 NOTIFICATION UNDER THIS SUBSECTION SHALL NOT IMPOSE ANY DUTY
22 OR LIABILITY ON THE MECHANIC OR STATION OWNER.
23 (3) FINANCIAL RESPONSIBILITY MAY BE PROVEN BY SHOWING <--
24 ONE OF THE FOLLOWING DOCUMENTS:
25 (I) AN IDENTIFICATION CARD AS REQUIRED BY
26 REGULATIONS PROMULGATED BY THE INSURANCE DEPARTMENT.
27 (II) THE DECLARATION PAGE OF AN INSURANCE POLICY.
28 (III) A CERTIFICATE OF FINANCIAL RESPONSIBILITY.
29 (IV) A VALID BINDER OF INSURANCE ISSUED BY AN
30 INSURANCE COMPANY LICENSED TO SELL MOTOR VEHICLE
19890H1955B3709 - 7 -
1 LIABILITY INSURANCE IN PENNSYLVANIA.
2 (E) PENALTY.--AN INSPECTION OFFICIAL WHO FAILS TO COMPLETE
3 THE OFFICIAL STATE INSPECTION LOG UNDER SUBSECTION (D) COMMITS A <--
4 MISDEMEANOR OF THE FIRST DEGREE RECORD UNDER SUBSECTION (D) OR <--
5 WHO ISSUES A CERTIFICATE OF INSPECTION WITH REASON TO KNOW THAT
6 THERE HAS BEEN A VIOLATION OF SECTION 7122(4) (RELATING TO
7 ALTERED, FORGED OR COUNTERFEIT DOCUMENTS AND PLATES) COMMITS A
8 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
9 A FINE OF $100. THIS SUBSECTION DOES NOT IMPOSE VICARIOUS
10 LIABILITY UPON THE STATION OWNER. THE CRIMINAL LIABILITY OF THE
11 STATION OWNER IS DEPENDENT UPON ACTUAL COMMISSION OF THE OFFENSE
12 OR UPON SOLICITATION, ATTEMPT OR CONSPIRACY TO COMMIT THE
13 OFFENSE.
14 SECTION 7. SECTION 4921(B) OF TITLE 75 IS AMENDED BY ADDING <--
15 A PARAGRAPH TO READ:
16 § 4921. WIDTH OF VEHICLES.
17 * * *
18 (B) SPECIAL VEHICLES.--
19 * * *
20 (5) AN OWNER OR OPERATOR OF ANY IMPLEMENT OF HUSBANDRY
21 OR VEHICLE USED EXCLUSIVELY FOR HIGHLY PERISHABLE CROPS FOR
22 PROCESSING AND NOT EXCEEDING 14 FEET 6 INCHES IN WIDTH MAY
23 OPERATE ON HIGHWAYS OTHER THAN FREEWAYS ONLY DURING THE TIME
24 OF MAY 20 TO OCTOBER 15, OPERATING BETWEEN SUNSET AND
25 SUNRISE, SHALL HAVE TWO ROTATING YELLOW BEACONS AND FOUR-WAY
26 FLASHERS OPERATING.
27 SECTION 5 8. SECTION 7122 OF TITLE 75 IS AMENDED TO READ: <--
28 § 7122. ALTERED, FORGED OR COUNTERFEIT DOCUMENTS AND PLATES.
29 A PERSON IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE IF
30 THE PERSON, WITH FRAUDULENT INTENT:
19890H1955B3709 - 8 -
1 (1) ALTERS, FORGES OR COUNTERFEITS A CERTIFICATE OF
2 TITLE, REGISTRATION CARD OR PLATE, INSPECTION CERTIFICATE OR
3 PROOF OF INSURANCE;
4 (2) ALTERS OR FORGES AN ASSIGNMENT OF A CERTIFICATE OF
5 TITLE, OR AN ASSIGNMENT OR RELEASE OF A SECURITY INTEREST ON
6 A CERTIFICATE OF TITLE OR ANY OTHER DOCUMENT ISSUED OR
7 PREPARED FOR ISSUE BY THE DEPARTMENT; [OR]
8 (3) HAS POSSESSION OF, SELLS OR ATTEMPTS TO SELL, USES
9 OR DISPLAYS A CERTIFICATE OF TITLE, REGISTRATION CARD OR
10 PLATE, DRIVER'S LICENSE, INSPECTION CERTIFICATE PROOF OF
11 INSURANCE OR ANY OTHER DOCUMENT ISSUED BY THE DEPARTMENT,
12 KNOWING IT TO HAVE BEEN ALTERED, FORGED OR COUNTERFEITED[.];
13 OR <--
14 (4) OBTAINS UPON MISREPRESENTATION, OR PRESENTS, AS
15 PROOF OF REGISTRATION, LICENSING, INSURANCE OR ANY OTHER
16 REQUIREMENT, A DOCUMENT WHICH IS NOT VALID OR IN EFFECT OR
17 WHICH IS SUBJECT TO INVALIDITY OR INEFFECTIVENESS BECAUSE OF
18 ACTION OR INACTION BY THE PERSON.
19 (4) OBTAINS OR ATTEMPTS TO OBTAIN A CERTIFICATE OF <--
20 INSPECTION WITHOUT VALID PROOF OF INSURANCE; OR
21 (5) PROVIDES A CERTIFICATE OF INSPECTION WHERE THERE IS
22 NO VALID PROOF OF INSURANCE.
23 SECTION 6 9. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
24 (1) SECTION 3 (SECTION 1312) SHALL TAKE EFFECT IN 60
25 DAYS.
26 (2) SECTION 4 (SECTION 1725) SHALL TAKE EFFECT IN 90 <--
27 DAYS.
28 (2) (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT <--
29 IMMEDIATELY.
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